Licence Exemption NE/18/01

1. The Office of Rail and Road (ORR) exempts under section 7(3) of the 1993 Act:

   each TfL company listed in column (1) of the schedule

   from the requirement in section 6 of the 1993 Act to be authorised by licence to operate the corresponding railway asset(s) listed in column (2) of the schedule with effect from the date(s) listed in column (3).

2. ORR may, if it considers appropriate:

   (a) following consultation, include additional TfL companies and make related changes to the schedule; and/or

   (b) amend the schedule to include additional railway assets operated by any of the TfL companies listed in column (1) of the schedule and/or to reflect changes, including extensions, to any railway assets listed in column (2) of the schedule.

3. ORR may revoke the whole or any part of this exemption on not less than three months’ notice to the exemption holder.

4. Without limiting the generality of paragraph 3, ORR may revoke the whole or any part of this exemption on not less than three months’ notice to the exemption holder if:

   (a) the exemption holder ceases to be a TfL company; or

   (b) any person that is not a TfL company or TfL concessionaire operates or secures the right to operate a train on the relevant exempt network; or

   (c) ORR suspects on reasonable grounds that the exemption holder has operated a railway asset without a necessary licence or exemption; or

   (d) the exemption holder is granted a licence or another exemption for the operation of all or some of the railway assets to which this exemption applies; or

   (e) the exemption holder ceases to be the operator of all or some of the railway assets to which this exemption applies; or

   (f) all or some of the railway assets to which this exemption applies are not used for at least one year; or if

   (g) ORR so agrees in writing with the exemption holder.

5. In this exemption:

"1993 Act" means the Railways Act 1993;

"concession agreement" means an agreement entered into by Transport for London or any of its subsidiaries, pursuant to which another person, not being a TfL company, agrees to provide a railway passenger service for Transport for London or the subsidiary concerned;

"exempt network" means any railway asset that is a network listed in column (2) of the schedule;

"exemption holder" means the relevant person listed in column (1) of the schedule;

"PPP agreement" and "PPP company" have the same meaning as in Chapter VII of Part IV of the Greater London Authority Act 1999;

"qualifying activities", in relation to a PPP company, means light maintenance services, network services or station services carried out by the PPP company in fulfilment of obligations imposed on the company by a PPP agreement;

"TfL company" means:

(a) Transport for London or any subsidiary of Transport for London; or

(b) a PPP company, so far as carrying out qualifying activities;

"TfL concessionaire" means any person who, in relation to a railway passenger service provided for Transport for London or for any subsidiary of Transport for London, has agreed by a concession agreement for the time being to provide that service.

6. Except where a definition in paragraph 5 applies, expressions used in this exemption have the meanings given by the 1993 Act.

Signed by authority of ORR

29 March 2018

## Schedule

| Column 1 | Column 2 | Column 3 | |----------|----------|----------| | Exempt person | Railway asset | Effective date | | **Rail for London (Infrastructure) Limited**<br>Registered at 55 Broadway, London, United Kingdom, SW1H 0BD with number 09366341 | (a) the network forming the Crossrail Central Operating Section between Portobello Junction and Pudding Mill Lane and Abbey Wood sidings (the CCOS network); and<br>(b) any train providing network services on the CCOS network. | 1 April 2018 |